Anchor Babies…Next on Arizona’s List?

[NewWine]

Originally Posted by Pressing-On

Isn't the Equal Protection Clause only binding upon compliance with the 14th Amendment?

I did review the case brief for Plyler v Doe; which was quite interesting.

·5th Amendment provides Due Process – federal
·14th Amendment provides Equal Protection; which we refer to as Equal Protection Clause – state

In the case of Boling v Sharpe, 347 U.S. 497 (1954) Chief Justice Earl Warren stated that "...the concepts of equal protection and due process, both stemming from our American ideal of fairness, are not mutually exclusive". The justices' found that the 5th amendment's due process clause includes "an equal protection element but has not continued to hold that there is a difference between due process and equal protection in its fourteenth amendment jurisprudence".

So based on this I think the answer to your question would be no.